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Late 1800’s
Segregation of special needs students into separate classes. The intent was to relieve stress on teachers and other students. Special education students were provided with some educational programming, including diluted academics and training for manual jobs (Rothstein Johnson, 2021). Rationale: Focus was on teachers and neurotypical students to minimize class disruptions. -
Mid-1900's
Segregation was becoming recognized as a negative experience, and there was a focus on self-worth, dignity, and a goal of teaching self-reliance (Rothstein Johnson, 2021). Rationale: Changing perspectives regarding students with disabilities. -
1954 Brown v. Board of Education
Declared that segregation is unconstitutional, and schools began to change from racially segregated to integrated (De Los Santos Kupczynski, 2019). This movement helped recognize that separating students with disabilities was detrimental, and the movement for inclusion began (Rothstein Johnson, 2021). Rationale: Equal protection of the laws to all students. -
1971 PARC v. Pennsylvania
Ruled that disabled students should not be segregated but rather be placed in educational settings with their non-disabled peers (De Los Santos Kupczynski, 2019). Rationale: Courts continued to support student inclusion. -
1972 Mills v. Board of Education
After hearing arguments from families of students who had been excluded from schools due to their disabilities, courts required public schools to provide education to all students (De Los Santos Kupczynski, 2019). Mills also provided a framework for due process (Rothstein Johnson, 2021). Rationale: Courts continued to recognize that all students have a right to public education and created an outline of procedures and rights. -
1973 Rehabilitation Act
Discrimination based on a student’s disabling condition is not allowed. Schools need to provide accommodations to students with disabilities. This falls under Section 504 of the Rehabilitation Act (De Los Santos Kupczynski, 2019). Rational: Students with disabilities must have same access as non-disabled peers. -
1975 The Education for All Handicapped Children (EAHCA)
Hearings revealed a number of problems in special education including limited administration and financing of programs and continuous exclusion of students (Rothstein Johnson, 2021). This law requires all public schools to admit and educate students with disabilities (De Los Santos Kupczynski, 2019). Rationale: Basic principles are free, individualized, appropriate education in the least restrictive placement with the protections of procedural safeguards. -
1990 Americans with Disabilities Act
Public and private schools are prohibited from discrimination and are required to provide reasonable accommodations (Rothstein Johnson, 2021). ADA “defines an individual with disabilities as a person having a physical or mental impairment which significantly restricts the activities of their everyday life; has documentation of this impairment; and is viewed as having that impairment” (De Los Santos Kupczynski, 2019). Rationale: Provides definition of a person having a disability. -
1990 Individuals with Disabilities Education Act (IDEA)
The EAHCA was retitled and amended in 1990 and amended again in 1997. Changes included replacing handicap with disability, improving quality of services, and assessment, transition and individualized education program requirements (Rothstein Johnson, 2021). Rationale: Further defined requirements and support for students with disabilities. -
2002 No Child Left Behind
Created to set high expectations for students, the law created challenges for students in special education, including a strong focus on achievement and test scores, and requiring states to adopt statewide assessments and proficiency standards (Rothstein Johnson, 2021). Rationale: Schools whose students did not meet annual growth and proficiency standards would be penalized. -
2004 Individuals with Disabilities Education Improvement Act (IDEIA)
Congress changed IDEA to this new name but allowed for the previous title to continue to be used. Amendments made further connections to No Child Left Behind including statewide assessments, identification procedures, interventions and support, and professional development for educators (Rothstein Johnson, 2021). Rationale: Lawmakers are using scientifically based research to make decisions. -
2015 Every Student Succeeds Act
The newest legislation, this made significant changes to NCLB including giving sates more decision making in standards, assessments and accountability, removing yearly progress goals and penalties, and allowing special education students to participate in alternative assessment programs (Rothstein Johnson, 2021). Rationale: Gave states freedom to create standards and assessment practices.